HURLEY v. THOMPSON et al
MEMORANDUM & ORDER - Petition is DISMISSED and because reasonable jurists could not conclude that a basis for appeal exists, a certificate of appealability is denied, Clerk is to mark CASE CLOSED. Signed by Judge Arthur J. Schwab on 3/29/17. (lck)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
DANIEL RICHARD HURLEY,
WARDEN BRIAN THOMPSON and
THE ATTORNEY GENERAL OF THE STATE
MEMORANDUM and ORDER
Presently pending before the court is a petition for a writ of habeas corpus. On December
22, 2016, Magistrate Judge Robert C. Mitchell, to whom this case was assigned and is now
referred, entered a Memorandum Opinion and Order in which he noted that the Antiterrorism
and Effective Death Penalty Act prohibits district courts from entertaining claims presented in a
second or successive habeas corpus application unless the appropriate federal court of appeals
authorizes such filing. 28 U.S.C. ' 2244(b)(3). The Court issued a show cause order that the
petitioner show cause on or before January 13, 2017 why the petition should not be dismissed as
submitted without leave having first been obtained from the Court of Appeals, the instant
petition having been improperly filed in this court as opposed to the Court of Appeals as
required. No response to the show cause order has been filed. This Court lacks jurisdiction over
the petition without the authorization of the Court of Appeals.
AND NOW, this 29TH day of March, 2017, the instant petition is DISMISSED and
because reasonable jurists could not conclude that a basis for appeal exists, a certificate of
appealability is denied.
IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of
Appellate Procedure if the petitioner desires to appeal from this Order he must do so within thirty
(30) days by filing a notice of appeal as provided in Rule 3, Fed. R. App. P.
_s/Arthur J. Schwab____________
Arthur J. Schwab
United States District Court Judge
DANIEL RICHARD HURLEY
801 Butler Pike
Mercer, PA 16137
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